Green Park Co-Operative Housing Society Limited v. Surendra Damji Shah And ANR
HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.167 OF 2022 Green Park Co-operative Housing Society Limited .. Applicant
Versus
Surendra Damji Shah & Anr.
.. Respondents WITH INTERIM APPLICATION NO.10151 OF 2024 IN CIVIL REVISION APPLICATION NO.167 OF 2022 Green Park Co-operative Housing Society Limited .. Applicant
IN THE MATTER BETWEEN:
Green Park Co-operative Housing Society Limited .. Applicant
Versus
Surendra Damji Shah & Anr.
.. Respondents ....................
Mr. Chirag Mody a/w. Mr. Munaf Virjee and Mr. Rushabh Parekh i./by AMR Law, Advocates for Applicant.
Mrs. Pooja Kane i./by Mr. Yogesh Adhia, Advocates for Respondent Nos.1 and 2.
Ms. Anshita Sethi i./by DSK Legal, Advocate for Respondent No.3. Respondent No.1 - Mr. Surendra Damji Shah.
Respondent No.2 - Mr. Kundanmal N. Jain.
...................
CORAM
: MILIND N. JADHAV, J.
DATE : JULY 05, 2024 P.C.
:
1.
Mentioned. Not on Board. Taken on Board.
2.
Heard Mr. Mody, learned Advocate for Applicant, Mrs. Kane, learned Advocate for Respondent Nos.1 and 2 and Ms. Sethi, learned
Advocate for Respondent No.3.
3.
Perused the praecipe dated 05.07.2024 and the Interim Application.
4.
Interim Application No.10151 of 2024 seeks impleadment of 'Transcon Bellaria LLP' as Respondent No.3 in the Civil Revision Application No.167 of 2022. For the reasons mentioned in the Application, Interim Application stands allowed by consent of the parties in terms of prayer clause (a). 'Transcon Bellaria LLP' is directed to be impleaded as appropriate and necessary party in the Civil Revision Application. Necessary amendment is permitted to be carried out forthwith and copy of amended cause title be served on Respondents. Re-verification stands dispensed with. 5.
The parties have reconciled their disputes and filed Consent Terms dated 05.07.2024. The said Consent Terms are taken on record and marked 'X' for identification. They are executed by Chairman of the Applicant - Shri Ramankumar Dasarath; Advocate for Applicant - Mr. Rushabh Parekh instructed by AMR Law; Respondent No.1 - Shri Surendra Damji Shah; Respondent No.2 - Shri Kundanmal N. Jain; Advocate for Respondent Nos.1 and 2 - Shri Yogesh Adkia; Authorised signatory of Respondent No.3 - Shri Rishi A. Todi and Advocate for Respondent No.3. All signatories to the Consent Terms are present in the Court and they confirm execution of Consent Terms. Consent
Terms are totally running into 13 pages alongwith its Annexures. For the sake of reference and convenience the same are scanned and reproduced below except the Annexures thereto:-
6.
S.C.Suit No.2343 of 2014 alongwith pending applications, if any, before City Civil Court at Dindoshi stands decreed in terms of Consent Terms. Parties are bound by the rights and obligations and more specifically obligations to be fulfilled and stated in the Consent Terms. The obligations are taken as undertaking given to this Court and parties shall abide by them. In view of the above, S.C.Suit No.2343 of 2014 alongwith pending applications, if any, stands
disposed. An authenticated copy of this order shall be placed before the learned City Civil Court at Dindoshi by both the parties jointly and the learned City Civil Court at Dindoshi is directed to follow the directions given in this order and issue the appropriate decree. 7.
Order in terms of Consent Terms.
8.
With the above directions, Civil Revision Application No.167 of 2022 and Interim Application No.10151 of 2024 are disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.07.05 14:13:09 +0530 HARSHADA HANUMANT SAWANT